Attorney Cynthia Hawes Breaks Down Family Law Rights

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One of the first topics discussed was grandparent rights, an issue that Rickey Smiley said affects many families. Hawes explained that while grandparents do have legal options, those rights are not automatic.

Instead, grandparents must file a petition with the court and show that granting visitation or custody is in the child’s best interest. She also noted that laws vary by state, and courts generally prioritize biological or legal parents before considering grandparents.

Smiley, who successfully won grandparent visitation rights in Alabama, shared his own experience and acknowledged how difficult those cases can be. He also reflected on how heartbreaking it is when grandparents lose contact with their grandchildren after family conflicts or the death of a parent.

The conversation then shifted to child support. Hawes explained that parents who cannot afford a private attorney can still seek help through their state’s child support enforcement agency. While the process may take longer than hiring private counsel, she said the resources are available to help families establish and enforce support orders.

When asked about common mistakes people make while representing themselves, Hawes said many cases are delayed because the other parent is never properly served with legal paperwork. Without proper service, courts cannot move forward with a case.

The discussion also focused on fathers’ rights, particularly for unmarried fathers. Hawes encouraged dads to act quickly if they want legal custody or visitation.

“Don’t wait,” she advised, explaining that fathers should begin the legal process as early as possible after a child is born.

Smiley echoed that advice, reminding listeners that being listed on a birth certificate does not automatically give an unmarried father legal parental rights. He…



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